CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1324Introduced by Assembly Member BryanFebruary 16, 2023 An act to add Section 17552.1 to the Family Code, relating to child welfare. LEGISLATIVE COUNSEL'S DIGESTAB 1324, as introduced, Bryan. Child welfare agencies: enforcement.Existing law delegates to the Department of Child Support Services and local child support agencies the responsibility for collecting and enforcing child support obligations, including child support delinquencies, as defined. Existing law requires the State Department of Social Services to promulgate regulations for county child welfare departments, including, but not limited to, any case of separation or desertion of a parent from a child that results in foster care assistance payments, payments for a minor child placed in the same home as a minor or nonminor dependent parent, and California Work Opportunity and Responsibility to Kids (CalWORKs) payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court. Existing law requires those regulations to require the county child welfare department to determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. Existing law, on or before October 1, 2023, further requires those regulations to require the county child welfare department to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification. This bill would, on or before January 1, 2025, require county child welfare departments to identify all child support referrals made pursuant to the above-described provisions prior to January 1, 2023, and rescind those referrals by notifying the local child support agency that the referrals are contrary to the best interest of the child. The bill would require the local child support agency to cancel, or request the cancellation of, any applicable child support arrears, as specified. The bill would require, on or before June 1, 2024, the State Department of Social Services to implement those provisions by means of all-county letter or similar written instructions.By increasing the duties of the county child welfare department and the local child support agency, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17552.1 is added to the Family Code, to read:17552.1. (a) On or before January 1, 2025, county child welfare departments shall identify all child support referrals made for a child receiving foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, or aid under Section 10101 of, the Welfare and Institutions Code, and any referral made pursuant to Section 17552 prior to January 1, 2023, and rescind these referrals by notifying the local child support agency that the referrals are contrary to the best interest of the child. The local child support agency shall cancel, or if necessary request cancellation of, the applicable child support orders, including cancellation of all arrears that are owed to the state and any interest accrued.(b) On or before June 1, 2024, notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Social Services shall implement, interpret, or make specific this section, in whole or in part, by means of all-county letters or similar written instructions, without taking any further regulatory action. These all-county letters or similar written instructions shall have the same force and effect as regulations.SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1324Introduced by Assembly Member BryanFebruary 16, 2023 An act to add Section 17552.1 to the Family Code, relating to child welfare. LEGISLATIVE COUNSEL'S DIGESTAB 1324, as introduced, Bryan. Child welfare agencies: enforcement.Existing law delegates to the Department of Child Support Services and local child support agencies the responsibility for collecting and enforcing child support obligations, including child support delinquencies, as defined. Existing law requires the State Department of Social Services to promulgate regulations for county child welfare departments, including, but not limited to, any case of separation or desertion of a parent from a child that results in foster care assistance payments, payments for a minor child placed in the same home as a minor or nonminor dependent parent, and California Work Opportunity and Responsibility to Kids (CalWORKs) payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court. Existing law requires those regulations to require the county child welfare department to determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. Existing law, on or before October 1, 2023, further requires those regulations to require the county child welfare department to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification. This bill would, on or before January 1, 2025, require county child welfare departments to identify all child support referrals made pursuant to the above-described provisions prior to January 1, 2023, and rescind those referrals by notifying the local child support agency that the referrals are contrary to the best interest of the child. The bill would require the local child support agency to cancel, or request the cancellation of, any applicable child support arrears, as specified. The bill would require, on or before June 1, 2024, the State Department of Social Services to implement those provisions by means of all-county letter or similar written instructions.By increasing the duties of the county child welfare department and the local child support agency, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1324
Introduced by Assembly Member BryanFebruary 16, 2023
Introduced by Assembly Member Bryan
February 16, 2023
An act to add Section 17552.1 to the Family Code, relating to child welfare.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1324, as introduced, Bryan. Child welfare agencies: enforcement.
Existing law delegates to the Department of Child Support Services and local child support agencies the responsibility for collecting and enforcing child support obligations, including child support delinquencies, as defined. Existing law requires the State Department of Social Services to promulgate regulations for county child welfare departments, including, but not limited to, any case of separation or desertion of a parent from a child that results in foster care assistance payments, payments for a minor child placed in the same home as a minor or nonminor dependent parent, and California Work Opportunity and Responsibility to Kids (CalWORKs) payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court. Existing law requires those regulations to require the county child welfare department to determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. Existing law, on or before October 1, 2023, further requires those regulations to require the county child welfare department to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification. This bill would, on or before January 1, 2025, require county child welfare departments to identify all child support referrals made pursuant to the above-described provisions prior to January 1, 2023, and rescind those referrals by notifying the local child support agency that the referrals are contrary to the best interest of the child. The bill would require the local child support agency to cancel, or request the cancellation of, any applicable child support arrears, as specified. The bill would require, on or before June 1, 2024, the State Department of Social Services to implement those provisions by means of all-county letter or similar written instructions.By increasing the duties of the county child welfare department and the local child support agency, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law delegates to the Department of Child Support Services and local child support agencies the responsibility for collecting and enforcing child support obligations, including child support delinquencies, as defined. Existing law requires the State Department of Social Services to promulgate regulations for county child welfare departments, including, but not limited to, any case of separation or desertion of a parent from a child that results in foster care assistance payments, payments for a minor child placed in the same home as a minor or nonminor dependent parent, and California Work Opportunity and Responsibility to Kids (CalWORKs) payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court. Existing law requires those regulations to require the county child welfare department to determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. Existing law, on or before October 1, 2023, further requires those regulations to require the county child welfare department to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification.
This bill would, on or before January 1, 2025, require county child welfare departments to identify all child support referrals made pursuant to the above-described provisions prior to January 1, 2023, and rescind those referrals by notifying the local child support agency that the referrals are contrary to the best interest of the child. The bill would require the local child support agency to cancel, or request the cancellation of, any applicable child support arrears, as specified. The bill would require, on or before June 1, 2024, the State Department of Social Services to implement those provisions by means of all-county letter or similar written instructions.
By increasing the duties of the county child welfare department and the local child support agency, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 17552.1 is added to the Family Code, to read:17552.1. (a) On or before January 1, 2025, county child welfare departments shall identify all child support referrals made for a child receiving foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, or aid under Section 10101 of, the Welfare and Institutions Code, and any referral made pursuant to Section 17552 prior to January 1, 2023, and rescind these referrals by notifying the local child support agency that the referrals are contrary to the best interest of the child. The local child support agency shall cancel, or if necessary request cancellation of, the applicable child support orders, including cancellation of all arrears that are owed to the state and any interest accrued.(b) On or before June 1, 2024, notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Social Services shall implement, interpret, or make specific this section, in whole or in part, by means of all-county letters or similar written instructions, without taking any further regulatory action. These all-county letters or similar written instructions shall have the same force and effect as regulations.SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 17552.1 is added to the Family Code, to read:17552.1. (a) On or before January 1, 2025, county child welfare departments shall identify all child support referrals made for a child receiving foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, or aid under Section 10101 of, the Welfare and Institutions Code, and any referral made pursuant to Section 17552 prior to January 1, 2023, and rescind these referrals by notifying the local child support agency that the referrals are contrary to the best interest of the child. The local child support agency shall cancel, or if necessary request cancellation of, the applicable child support orders, including cancellation of all arrears that are owed to the state and any interest accrued.(b) On or before June 1, 2024, notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Social Services shall implement, interpret, or make specific this section, in whole or in part, by means of all-county letters or similar written instructions, without taking any further regulatory action. These all-county letters or similar written instructions shall have the same force and effect as regulations.
SECTION 1. Section 17552.1 is added to the Family Code, to read:
### SECTION 1.
17552.1. (a) On or before January 1, 2025, county child welfare departments shall identify all child support referrals made for a child receiving foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, or aid under Section 10101 of, the Welfare and Institutions Code, and any referral made pursuant to Section 17552 prior to January 1, 2023, and rescind these referrals by notifying the local child support agency that the referrals are contrary to the best interest of the child. The local child support agency shall cancel, or if necessary request cancellation of, the applicable child support orders, including cancellation of all arrears that are owed to the state and any interest accrued.(b) On or before June 1, 2024, notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Social Services shall implement, interpret, or make specific this section, in whole or in part, by means of all-county letters or similar written instructions, without taking any further regulatory action. These all-county letters or similar written instructions shall have the same force and effect as regulations.
17552.1. (a) On or before January 1, 2025, county child welfare departments shall identify all child support referrals made for a child receiving foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, or aid under Section 10101 of, the Welfare and Institutions Code, and any referral made pursuant to Section 17552 prior to January 1, 2023, and rescind these referrals by notifying the local child support agency that the referrals are contrary to the best interest of the child. The local child support agency shall cancel, or if necessary request cancellation of, the applicable child support orders, including cancellation of all arrears that are owed to the state and any interest accrued.(b) On or before June 1, 2024, notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Social Services shall implement, interpret, or make specific this section, in whole or in part, by means of all-county letters or similar written instructions, without taking any further regulatory action. These all-county letters or similar written instructions shall have the same force and effect as regulations.
17552.1. (a) On or before January 1, 2025, county child welfare departments shall identify all child support referrals made for a child receiving foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, or aid under Section 10101 of, the Welfare and Institutions Code, and any referral made pursuant to Section 17552 prior to January 1, 2023, and rescind these referrals by notifying the local child support agency that the referrals are contrary to the best interest of the child. The local child support agency shall cancel, or if necessary request cancellation of, the applicable child support orders, including cancellation of all arrears that are owed to the state and any interest accrued.(b) On or before June 1, 2024, notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Social Services shall implement, interpret, or make specific this section, in whole or in part, by means of all-county letters or similar written instructions, without taking any further regulatory action. These all-county letters or similar written instructions shall have the same force and effect as regulations.
17552.1. (a) On or before January 1, 2025, county child welfare departments shall identify all child support referrals made for a child receiving foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, or aid under Section 10101 of, the Welfare and Institutions Code, and any referral made pursuant to Section 17552 prior to January 1, 2023, and rescind these referrals by notifying the local child support agency that the referrals are contrary to the best interest of the child. The local child support agency shall cancel, or if necessary request cancellation of, the applicable child support orders, including cancellation of all arrears that are owed to the state and any interest accrued.
(b) On or before June 1, 2024, notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Social Services shall implement, interpret, or make specific this section, in whole or in part, by means of all-county letters or similar written instructions, without taking any further regulatory action. These all-county letters or similar written instructions shall have the same force and effect as regulations.
SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.